General terms and coditins

General terms and conditions

for the services of the

Run this place app

a service by

Union Investment Real Estate Digital GmbH

Johannes-Brahms-Platz 1, 20355 Hamburg

Email: info@run-this-place.com

Registration court: Hamburg Local Court (Amtsgericht Hamburg), commercial register B 162153

Board of Directors: Dr Lars Scheidecker, Frederik Nieß

Supervisory Board Chairman: Jens Wilhelm

§ 1

 Scope of the GTCs / Definitions

 (1)   The below General Terms and Conditions for Services concerning the respective properties apply to all conclusions and uses of services via the internet and applications between Union Investment Real Estate Digital GmbH (hereinafter called "Run this place") and an entrepreneur, consumer, legal person under public law or special assets under public law (hereinafter called "User") in the version valid at the time of the order.

 (2)   "Consumers" within the meaning of these Terms and Conditions are all natural persons concluding a legal business for a purpose not related to a commercial activity and which can also not be attributed to their capacity as self-employed individuals.

 (3)    Deviating General Terms and Conditions of the User shall not apply.

§ 2

Use of parking spaces

(1)    There are generally two ways to use a car park at a property: Either you are assigned a parking space by your employer / property manager or you rent a free parking space for a free, if you are not assigned a parking space.

(2)    If and to the extent that the User was assigned a parking space by their employer or the respective property manager, the following provisions regarding use shall apply.

(3)    If you have not been assigned a parking space, you can rent an available parking space. In this case, the following provisions on contract conclusion shall apply.

§ 3

 Conclusion of a contract for parking spaces

 (1)    The following provisions regarding the conclusion of a contract shall apply to all orders for a parking space via our website or the Run this place app, if you were not assigned a parking space by your employer or the property manager.

 (2)    The provision of the online system for potential users of a parking space in the respective chosen property does not constitute a legally binding contract offer by Run this place, and instead is only a non-binding request to the User to submit an offer to conclude an online rental agreement for a parking space in accordance with the following GTCs. For this, the tenant must choose a parking space.

 (3)    By pressing the button "Book for a fee", the User submits an offer which is binding for them to conclude a rental agreement for a parking space in the respective property.

 (4)     The actual contract is concluded in line with the following requirement

 

Booking process for a parking space

You can book a parking space in the respective chosen property on our website or via the Run this place app by entering the requested rental period in the input field and clicking the button "Apply" to move the selection to your shopping basket. This process is non-binding and does not constitute a contractual offer.

You can review the detail in your shopping basket and use the edit fields to correct them, if necessary.

You must then tick the box to confirm that you accept the GTCs and that you acknowledge the right of withdrawal instruction including withdrawal form.

At the end of the booking processing, you must then click the button "Book for a fee". This establishes a binding offer to conclude a rental agreement for a parking space in the respective property.

Immediately after sending you offer, you will receive an automatically generated email from us to confirm that we have accepted your offer to conclude a rental agreement. You will also receive a notification via the Run this place app. The barrier will identify your vehicle registration so that you can enter the car park at the property and leave the property again once during the rental period.

(5)    We do not save the contract text.

§ 4

General terms and conditions of use for online tenants of a parking space

(1)    By concluding an online rental agreement for a parking space at the property chosen by you via the Run this place app, Run this place is obligated to make a parking space in the allocated property available to the User for the rental period. An entitlement to allocation of a specific parking space only applies to the extent that this was agreed explicitly. However, in this case, Run this place is also not obligated to remove unauthorised third-party vehicles left in this parking space or to keep the parking space clear in any other way. Run this place may allocate a different comparable parking space to the User in the same car park.

(2)    The parking space may only be used to park passenger cars or motorbikes approved for use on public roads. A transfer of the parking space permit to third parties is not permitted. By using the car park, the User agrees to observe the traffic signs and all other terms of use in the car park. Instructions by the personnel of the respective property must be observed.

(3)    The properties are governed by the Road Traffic Act and other provisions which are displayed accordingly.

(4)    Vehicles are always parked at the user's or parker's risk. Neither Run this place nor the respective property owner accept any duties of care towards the parked vehicle, and particularly no guard or storage duties. No winter services shall be provided outside the opening hours of the car park. You enter the car park at your own risk.

§ 5

Parking fee, due date, payment if renting a parking space

(1)    The parking fee is the amount displayed during the order process in the online order system and accepted when pressing the button "Book for a fee".

(2)    Payment of the rent is arranged by the payment provider linked to the Run this place app during the booking process.

§ 6

Rental period of the parking space

(1)    The rental period is the period selected by the User during the booking process and accepted by pressing the button "Book for a fee".

(2)    If the agreed rental period has ended when the User attempts to leave the car park, the User is obligated to pay for any duration of use not covered by the contractual agreement based on the short-term parking rate applicable in the car park.

§ 7

User of charging stations/ e-parking spaces

(1)    Generally speaking, there are two ways to use the charging stations at a property: either you are assigned a parking space by your employer / the property manager which has a charging station (e-parking space) or you rent an available e-parking space in return for a fee.

(2)    A charging station may only be used in conjunction with a rented or allocated parking space with a charging station (e-parking space).

(3)    You may only use the charging station in compliance with the technical requirements for safe use. You are strictly prohibited from using the charging station outside the technical parameters (which you must check in detail before use) or for any other purposes than the technically permitted charging processes. You are responsible for any damage and costs incurred by your use of the charging station outside the technical parameters or using equipment which is not explicitly permitted.

 

§ 8

Fee, due date, payment when using a charging station (e-parking space)

 

(1)   You can either book and pay for the energy required for charging at the charging station via the Run this place app or directly at the charging station using so-called "Tap Payment".

(2)    If you want to pay for the energy for charging directly at the charging station using so-called "Tap Payment", you must accept the terms and conditions displayed on the charging station by the respective payment provider, who is also displayed on the charging station. In this case, you will be concluding a direct contract with the respective payment provider under the conditions and prices set out there. In this case, a contractual relationship is established for the supply of electricity between you and Run this place. In this case, the rights and duties regarding the supply of electricity (charging process) result directly from the contractual relationship between you and the respective payment provider.

(3)   If you are using the charging station (e-parking space) via the booking options in the Run this place app, the respective contract terms, rights and obligations (particularly the applicable consumer price per kW/h) will be displayed to you before the contract is concluded. The contract for the supply of electricity is then concluded between you and Run this place. The contract comes into force when you press the button "Book for a fee".

§ 9

Liability, exclusion of liability and dispute settlement process

(1)    Run this place is liable for grossly negligent and intentionally committed violations of duty as well as for negligent bodily harm. Where the User is an entrepreneur, liability for actions not due to intent shall be limited to the typical foreseeable damage at the time that the contract is concluded.

(2)    In case of simple negligence, Run this place shall only be liable in the event of a violation of major contractual obligations and liability shall be limited to the typical foreseeable damage at the time that the contract is concluded. This restriction does not apply to damage to life, limb or health. Run this place shall not be liable for other damage due to simple negligence caused by a defect in the object of purchase. The amount for liability due to simple negligence shall be limited to the foreseeable damage at the time that the contract is concluded which can typically be expected when it arises. This limit to liability also applies in favour of any assistants of Run this place. Any liability due to pre-contractual fault (c.i.c.) or under the Product Liability Act shall not be affected.

(3)    Irrespective of the guilt of Run this place, any liability due to malicious concealment of a defect or due to the acceptance of a warranty or guarantee shall not be affected. The manufacturer's warranty is a warranty offered by the manufacturer and does not constitute a guarantee by Run this place.

(4)    Run this place is also responsible for any impossibility of delivery coincidentally occurring during default, except where the damage would also have occurred in the event of timely delivery.

§ 10

Right of retention

Run this place has a right of retention due to its claims under the contractual relationship as well as a statutory lien to the User's deposited objects, especially the parked vehicle.

§ 11

Data protection

(1)    Run this place shall treat all personal data as strictly confidential. In particular, our data protection practice is in accordance with the GDPR, the Federal Data Protection Act (BDSG new) and the Telemedia Act (TMG). Personal customer data are exclusively used to process orders. You can find more detailed information about data protection and our privacy statement on our website and hier.

§ 12

Severability clause

(1)    If individual provisions of these GTCs should be or become invalid, the validity of the remaining provisions shall remain unaffected. If a provision should be or become invalid or should the GTCs contain gaps, the parties shall strive to agree a provision which approximates the original economic intent of the invalid provision. The same shall apply to any gaps.

(2)    The User is only deemed to have given their consent to an amendment to the General Terms and Conditions if Run this place has first notified the User of the amendment, has granted them an appropriate period for approval and has notified the tenant that their approval to the amendment will be deemed to have been given if they do not object in writing or text form (email, fax) within the given period.

§ 13

Applicable law / contract language / written form

(1)    The present General Terms and Conditions and the contracts concluded based on them are exclusively subject to the law of the Federal Republic of Germany to the exclusion of UNCISG and the conflict of law provisions as well as any references to other legal systems.

(2)    This contract may exclusively be concluded in German. The contract language is German.

(3)    Any amendments to this contract require the written form and this may also not be excluded verbally.

§ 14

Provider ID:

Union Investment Real Estate Digital GmbH

Johannes-Brahms-Platz 1, 20355 Hamburg

Email: info@run-this-place.com

Registration court: Hamburg Local Court (Amtsgericht Hamburg), commercial register B 162153

Board of Directors: Dr Lars Scheidecker, Frederik Nieß

Supervisory Board Chairman: Dr. Gunter Haueisen